Lien Agreement for Public Improvements 1993-0445354RECORDING REQUESTED BY: )
CITY OF POWAY )
WHEN RECORDED RETURN TO: )
CITY CLERK )
CITY OF POWAY )
P. 0. BOX 789 )
POWAY, CA 92074 )
570 '9?3-0 1453541
13-JUL-1993 09:07 AM
OFEILIAf RECORDS
SAN DI-0 COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY REORDER
: 0.04
FEES: LL�i
(For Recorder's Use Only)
APN 314 - 020 -37 Doc. Tax Fee -0-
LIEN AGREEMENT FOR PUBLIC IMPROVEMENTS
THIS AGREEMENT entered into by and between the CITY OF POWAY, a
municipal corporation of the State of California sometimes hereinafter
referred to as "City," and AUGUST AND FRANCES R. SUSZKO sometimes hereinafter
referred to as "Property Owner."
WHEREAS, Property Owner and City have agreed to the installation of
certain improvements in the right -of -way of Hilltop Circle in Poway,
California; and
WHEREAS, Property Owner represents that Property Owner is the record
owner of that real property described in Exhibit "A" attached hereto; and
WHEREAS, City has loaned to property Owner monies equal to the share of
cost of said improvements to be paid by Property Owner; and
WHEREAS, Property Owner has agreed to replay said monies lent to
Property Owner by City and to secure said obligation to repay said loan with
this Lien Agreement to be recorded in Property Owner's chain of title; and
WHEREAS, the installation of said public improvements has been
determined to be in the public interest; and
WHEREAS, the loan of monies to Property Owner required to install said
improvements has been determined to be in the public interest.
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1. City shall loan to Property Owner the sum equal to Property
Owner's cost for connection to the Hilltop Circle sewer main. Property Owner
agrees that the hereinafter described real property does benefit by the
installation of said improvements. Property Owner agrees to repay said loan
in annual installments to be added to the tax bill of that real property
hereinafter described owned by Property Owner. Property Owner agrees to repay
said loan in accordance with the following terms and conditions:
Principal Obligation Not to Exceed -
Interest Rate on Unpaid Balance
Number of Annual Equal Payments
of Principal Plus Accrued Interest -
(Payable April 15 of each year)
571
$5,376.00
4% per annum
5
Section 2. As security for the repayment of said loan, Property Owner does
hereby grant to City a lien upon the hereinafter described property in an amount not
to exceed the principal obligation set forth in Section 1, plus any and all unpaid
interest which may accumulate in the future upon said sum. Said lien shall be
binding upon the Property Owner and Property Owner's heirs, successors, assigns, exe-
cutors, or other transferees in accordance with the terms and conditions hereof.
Notwithstanding the agreement of the parties for the repayment of said sum in annual
installments to be added to Property Owner's tax bill, the entire unpaid sum of said
loan shall be immediately due and payable upon the transfer of ownership of said real
property by Property Owner if said real property has been improved with the construc-
tion of a residence thereon.
Section 3. Upon payment in full of the full amount due hereunder, City shall
promptly upon demand of Property Owner release the lien created hereby.
Section 4. Upon demand of Property Owner, if not in default hereunder, City
shall subordinate this lien to loans not exceeding eighty percent (80 %) of the fair
market value of the property encumbered hereby.
Section 5. This agreement and the covenants contained herein shall be binding
upon and inure to the benefit of the successors, heirs, assigns, executors, and
other transferees of Property Owner, shall run with said real property, shall create
an equitable servitude upon the real property, and shall survive the foreclosure of
any deed of trust of record as of the date of recordation hereof.
Section 6. The legal description of the real property encumbered by the lien
created hereby is set forth in full on Exhibit "A" attached hereto and by this
reference made a part hereof.
IN WITNESS WHEREOF the parties have executed this agreement this /.tab day of
1992, at Poway, California.
ATTEST:
1 - k 7u," b,
Marjorie Wahlsten, City Clerk
1 /SUSZKO
Property-Own , er*
s`
By:
gus uszk
rances R. Suszko
(signatures must be notarized)
CITY OF POWAY, a Municipal Corporation
By.
Don Higgins ,Mayor W7—
z
z
K
E
STATE OF CALIFORNIA SS.
COUNTY OF s
before me-, the
On iz -j:-- before me,
undersigned Notary Public, personally appeared
r (proved to me on the basis of
satisfactory evidence) to be the person S - whose
name � 9 C-C== subscribed to the within instrument
and acknowledged that —V --P� executed the same.
Signature
SAV-193 (9/91)
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5 7 1-d
-------------
MARY DEMIUAN
Comm,
NOTARY PUKr�ULWNHA
SAN DIEGO C66NJi
MY COMMISSION EXPIRES
MAY 31, 1996
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15- HomL4WE3ankFSB
EXHIBIT "A"
APN 314- 020 -37
PARCEL 1:-
573
All that portion of that certain Parcel of land shw n and designated as Parcel
No. 22 on Record of Survey Map No. 4134, filed January 7, 1957, in the office
of the San Diego County Recorder, being a portion of Lot 4 in Blcok "A" of
Poway, in the County of San Diego, State of California, according to Map thereof
No. 536, filed in the office of the County Recorder of San Diego County, described.
as follows:
Commencing at the Southeasterly corner of said Parcel 22; thence North 01 000'00"
East along the Easterly line thereof, 180.18 feet; thence North 88 °29'11" West,
176.10 feet to the intersection with the Westerly line of said Parcel 22; thence
South 01 000'00" West along said Westerly line, 180.18 feet, to the Southwesterly
corner of said Parcel 22; thence South 88 °29'11" East along the Southerly line
thereof to the point of beginning.
PARCEL 2:
An easement for road and public utility purposes over all of those certain strips
of land lying within the boundary of Record of Survey Map No. 4134, filed in the
office of the County Recorder of said San Diego County, January 7, 1957, as
File No. 3105, being portions of Lots 2 to 5 inclusive in Block "A" of Poway,
in the County of San Diego, State of California, according to Map thereof, No.
536, filed in the office of the County Recorder of said San Diego County, May 7,
1888, and shown and designated on said Record of Survey No. 4134 as "60 foot ease-
ment Reserved for Road ".
i
EXCEPTING from Parcel 2, that portion lying within said Parcel 1 above described.